ABSTRACT

My purpose in this chapter is twofold. First, I wish to record my understanding of the idea of the rule of law from a distinctly Western perspective. Then, secondly, I want to examine some of its underlying assumptions and values in a way which will, I hope, open a dialogue between this perspective and that deriving from Islamic jurisprudence. Having said this, I enter an immediate caveat. I do not pretend to any expertise with respect to Islamic jurisprudence. Such reading as I have done in relation to it has revealed to me not only its richness but also its very great heterogeneity and complexity. It is a complexity of which I am in no way a master. The chapter therefore situates the issues I see as relevant on a very broad canvas. I seek here simply to suggest points of intersection and pose questions for discussion.